Tag Archives: Voter ID

Sides make closing arguments in Texas voter ID case

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After a week of testimony in the Texas voter ID case, a court must now decide whether the state photo ID law would “deny or abridge” minorities’ right to vote.

The state began closing arguments Friday morning to argue that even without expert testimony, national social science research shows that photo voter ID laws have no disproportionate effect on voting, fulfilling the state’s burden of proof.

“The social science gets us over the hump,” lawyer John Hughes said in reference to why the law should be cleared.

The three-judge panel raised concerns about the economic burden placed on those who would need to obtain an ID to vote.

Judge David Tatel noted that minorities are more likely to have economic challenges. Judge Robert Wilkins asked why the state could require individuals to travel more than 100 miles to acquire photo ID when law prevents them from being required to travel so far for a subpoena.

The state has used the Supreme Court’s approval of the Indiana photo voter ID law as precedent, but Tatel dismissed this by saying it did not resolve this case.

The plaintiffs also took aim at the Justice Department’s estimate that 1.5 million voters in Texas do not have ID.

“The database match project is hopelessly flawed,” Hughes said.

But the Justice Department argued in its closing remarks that even questionable data or conflicting evidence is not enough to grant federal approval.

The defense argued that Texas failed to meet its burden of proof by providing no evidence as to how many people might have a federal photo ID acceptable under the new law.

A key for the defense was pinning the law as retrogressive by proving that photo voter ID takes away voting strength as the Hispanic population continues to grow.

The defendants also countered Texas’ claim that the law was about voter fraud and integrity at the polls.

“The only thing that was certainly proved was the purpose of SB14 was not to stop in person voter fraud,” lawyer Ezra Rosenberg said.

Rosenberg argued this case was not about voter fraud, but rather racially discriminatory voter suppression “cloaked” as voter fraud.

By Lindsey Ruta and Annelise Russell, News21

Flaws found in voter ID survey used in lawsuit

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Sen. Kay Bailey Hutchison (R., Texas) made a surprise appearance in the Texas voter ID case Thursday afternoon during cross-examination of the survey expert for the U.S. Department of Justice.

Hutchison was included in a survey of Texas voters who do not have state-issued ID, even though she has a valid driver’s license.

Harvard professor Stephen Ansolabehere, who conducted the survey, confirmed that Hutchison, former Sen. Phil Gramm (R., Texas), Republican state Rep. Aaron Pena and Democratic state Sen. Leticia Van de Putte – all of whom have state ID – were included in Ansolabehere’s list of 1.5 million potential Texas voters without state-issued ID.

The professor also said he could not say why these names were on the non-ID list.

Ansolabehere’s testimony will conclude today, and closing remarks in the case will begin at 9 a.m. Friday.

By Lindsey Ruta and Annelise Russell, News21

Coffee Break Ballot, July 12: Current Trends in Voting Rights

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All signs suggest a momentary trough in the #VoterID frenzy of the last few days.

The U.S. District Court in Washington, D.C., is concluding a hearing on the Texas photo voter ID law. The decision by the three-judge panel is sure to send anger and/or gloating on both sides of the partisan divide through the roof. For today the digital conversation is focused elsewhere.

Vice President Joe Biden’s decidedly politicized speech at the annual NAACP conference in Houston this morning brought up the Obama Administration’s stance on ballot access and voting rights.

The weekend likely will be busy for commentators and opinion pages weighing in on the voting rights debate; Monday will be a big news day.

What We’ve Been Reading

“New court filings: SC would proceed with voter ID for election,” (Renee Dudley, 07/12, S.C. Post and Courier)

“Overheated Rhetoric from VP Biden and Others on Voter ID,” (Michael Collins, 07/12, Republican National Lawyers Association)

“The GOP’s make-believe voter fraud epidemic,” (Dana Liebelson, 07/12, The Week)

“Mitt’s real insult to the NAACP,” (Joan Walsh, 07/12, Salon)

“Texas’ Road to Victory in Its Decades-Long Fight Against Voting Rights,” (Brentin Mock, 07/12, The Nation)

“Biden Defends Health Care Reform and Decries Voter ID Laws,” (Rebecca Berg, 07/12, New York Times)

Twitter Trends

An explosive story from Charleston, S.C., today suggested the state will rush implementation of its photo voter ID law if approved by a three-judge federal court in September.

The story shows South Carolina’s continued insistence on the acceptability of its law, which was denied twice by the U.S. Department of Justice’s Civil Right Division under Section 5 of the Voting Rights Act.

Most Twitter commentary today in our key search areas is focused on the apparent hypocrisy of Vice President Biden and Attorney General Eric Holder speaking out against photo voter ID at an event where to comply with the Secret Service, photo ID was required for entry.

Texas is still making minor waves, as is Pennsylvania. Yet, the only time the twitchy, knee-jerk denizens of Twitter discuss voting rights and voter ID in sustained fashion is during an election, wherever that election may be. August congressional primaries could see a revival in some swing states.

We’ll keep you posted on that front, but be sure to follow @LinsdeyRuta and @AnneliseRussell for the latest updates from the Texas voter ID trial. And as always, follow us @WhoCanVote.

Debate over Texas voter ID law turns to African-American community

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The Texas voter ID law’s effect on Latinos has dominated testimony in a Washington, D.C., federal court hearing this week, but Wednesday afternoon the topic switched to the African-American community.

The Rev. Peter Johnson, a civil rights advocate and member of the NAACP, testified for the Justice Department that the ID was a threat to democracy.

African Americans older than 75 value the ability to go to the polls on Election Day because they remember a time when they couldn’t. Under Texas law, those older than 65 would be exempt from the photo ID requirement, but they would have to vote by mail.

State Sen. Rodney Ellis, a Democrat, also testified to the potential impact of the law on his constituents saying that many young men have outstanding surcharges on tickets that discourages them from obtaining an ID.

In tabling nearly every amendment that addressed the effect of the bill on minorities, state senators, Ellis said, knew what they were doing. He said his colleagues who supported the law were on the wrong side of history.

“They are good people, but they did a very bad thing,” Ellis said.

Testimony continues through the afternoon as the Justice Department continues to present its case.

By Lindsey Ruta and Annelise Russell, News21

Sides debate how many voters
have ID in Texas lawsuit

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Dueling testimony over documents required to obtain a Texas voter ID card marked Day 3 in the dispute that is being heard by a three-judge panel in U.S. District Court, Washington, D.C.

Victoria Rodriguez, 18, testified Tuesday that she and her twin sister, Nicole, did not have proper ID to vote under the new Texas law and they didn’t have the documents to obtain a free election identification certificate. Lawyers for Texas challenged that testimony today on cross-examination and challenged the list of documents that the Justice Department claimed Rodriguez would need.

Texas is challenging the U.S. Department of Justice authority under the 1965 Voting Rights Act to approve changes in the state’s voting laws.

Under Texas law, voters can choose from a broad list of ID documents to obtain the free voter ID card, according to the Department of Public Safety. Lawyers for Texas argued that Rodriguez could obtain ID with her birth certificate, voter registration card and Social Security card — all of which Rodriguez said she has.
Daron Shaw, a professor of government at the University of Texas, took the stand next as an expert witness for the state. He has conducted surveys on ID possession rates by Texas voters.

Shaw’s survey found that, of the 1.9 million voters who the Justice Department said might not have an ID, 91 percent of whites had proper ID, compared to 92 of blacks and 93 percent of Hispanics.

Justice Department lawyers pointed out two flaws in Shaw’s survey. Because it was conducted by a landline phone interview, Shaw’s results skewed to older white respondents. Cell phones are more commonly used by younger people as well minorities, Justice Department lawyers argued.

They also pointed out that it is easier to collect phone numbers for white respondents than black respondents.

Shaw concurred.

Lindsey Ruta and Annelise Russell, News21

Ed. Note: An earlier version of this article incorrectly spelled Daron Shaw’s first name as Darren.

Texas legislators: Reasons behind voter ID bill changed

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U.S. Department of Justice witnesses took the stand in the Texas voter ID case Tuesday afternoon to explain their understanding of the motivations behind the law.

Texas state Reps. Trey Martinez Fischer and Rafael Anchia, both Democrats, recounted for the three-judge U.S. District Court panel the evolving reasons they heard given for law.

“The goalpost kept moving,” Martinez Fischer testified, when asked about motivation for the bill. He said the bill initially was touted as good immigration policy, an effort to keep undocumented immigrants from voting, but in 2011 the reasons shifted to eliminating what sponsors called voter fraud.

Anchia, a former member of the Texas House elections committee, said that publicly stated justification for the bill changed. Language referring to the legislation went from concern for impersonation, to non-citizen voting, to integrity at the polls, Anchia said.

Anchia testified that during floor debate on the ID bill, legislators claimed that they found cases of “rampant voter fraud,” but voter impersonation was a very small percentage of debate. The justification for the photo ID bill changed, Anchia testified.

By Lindsey Ruta and Annelise Russell, News21

Coffee Break Ballot, July 10: Current Trends in Voting Rights

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This is definitely the week of #VoterID.

The high profile federal court hearing on the Texas voter ID law this week in Washington, D.C., Federal Appeals Court has spurred incessant Twitter conversation.

It also helps that the annual NAACP conference is in full swing this week in Houston, where political and civil rights leaders – including Attorney General Eric Holder, Vice President Joe Biden and likely Republican presidential nominee Mitt Romney – are gathering to address a slew of political points, including voting rights and poll access.

More on numbers and mentions after the reading list, but we’re starting to wonder whether we’ve reached a real election-year tipping point. Momentum is on the side of the mention and voting rights news is only going to pick up as November approaches.

What We’ve Been Reading

 “List of 180,000 suspect Florida voters to be made public,” (Steve Bousquet, 07/10, Miami  Herald)

“Scott Brown Will Not Have His Valor Stolen, Damnit,” (Charles Pierce, 07/10, Esquire)

“Attorney General Eric Holder Speaks at the NAACP Annual Convention,” (Eric Holder, 07/10, DOJ)

“Florida’s System Failure,” (David Weigel, 07/09, Slate)

“The GOP’s crime against voters,” (Eugene Robinson, 07/09, Washington Post)

“Misleading stats driving Pennsylvania voter ID criticism,” (David Almasi, 07/10, Daily Caller)

“Rep. John Lewis, Civil Rights Icon, on the Struggle to Win — and Now Protect — Voting Rights in U.S.,” (Amy Goodman, 07/10, DemocracyNOW!)

Twitter Trends

9,828.

That’s the number of mentions of #VoterID in the last 24 hours on Twitter, according to social media search engine Topsy.com. Those are numbers not seen since June 25, when Pennsylvania state Rep. Mike Turzai’s unguarded comments on the state’s new voter ID law set the Twittersphere scurrying for comment.

In contrast to millions of Twitter users, that isn’t much. In the broad scope of voting rights trends, this is the kind of movement that indicates considerable conversation and controversy. At the annual NAACP conference, Holder compared voter ID requirements to poll taxes. That likely will ignite Twitter mentions.

For more coverage of the Texas voter ID law, remember to follow News21 reporters @AnneliseRussell and @LindseyRuta. And, as always, follow us @WhoCanVote.

 

Texas lawsuit includes differing estimates of voters without ID

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Day two of Texas v. Holder is underway and this morning the testimony was all about the numbers.

Court resumed with testimony from Thomas Sager, a University of Texas statistician whose studies show the number of Texas voters who lack ID. Sager estimated that around 167,724 registered voters do not have an ID — lower than the Department of Justice estimate that ranged from 1.5 million to 1.9 million.

Sager testified that Justice Department studies included inflated estimates. He said the estimates included statistical biases against women and Hispanics, and that previous studies did not account for age and other parameters. For example, people over 65 can vote by mail without an ID.

On cross-examination, Justice Department lawyers pointed out that Sager received assistance in his studies from the Texas attorney general’s office and that he did not conduct all the studies himself. Sager maintained that he verified all the studies.

The defense also noted that Sager used a different list of Texas driver’s licenses than the one used by their expert.

Sager maintains that all matching in the case — both by himself and by defense expert Stephen Ansolabehere — are ultimately “inconclusive” because their methodology includes statistical bias against Hispanics.

By Lindsey Ruta and Annelise Russell, News21

Texas legislator testifies about fraud
in voter ID lawsuit

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Texas state Rep. Jose Aliseda, a Republican, told a three-judge federal panel Monday afternoon, that as a county attorney he encountered mail voter fraud and heard from constituents that they have lost faith in the voting system.

Upon cross examination, Aliseda acknowledged that his south Texas constituents would bear an undue burden to leave work and drive 60 miles round-trip to obtain a state-issued ID to vote. He also said that requiring constituents to pay $22 for a birth certificate to obtain an ID also is a burden. Despite that, Aliseda said the Texas voter ID bill, which is the focus of a federal court trial this week, went forward because the public wanted it.

After hearing the testimony Monday in Washington, D.C., Texas state Rep. Trey Martinez Fischer, a Democrat, said he was surprised that proponents of voter ID tend to “gloss over” potential disenfranchisement of 795,000 voters who might not have valid ID.

President of the Mexican American Legislative Caucus, Martinez Fischer said the Texas case is based on the idea that citizens should trust the state government. That is the heart of the problem, he said, because “that is what got us here in the first place.”

Lack of trust in the state government is why Texas remain under the Justice Department’s oversight, he said.

By Annelise Russell and Lindsey Ruta, News21

Coffee Break Ballot, July 9: Current Trends in Voting Rights

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Sometimes in the News21 newsroom, we pledge to not talk about News21 on the weekend.

But when we get hit with a series of big news items on Saturday and Sunday — a Nation blog post on gender and alleged voter suppression, a comprehensive study from the Associated Press on voter ID in Georgia, Indiana and Tennessee, the rapidly approaching Texas voter ID law hearing in Washington, D.C.  — we sometimes have to renege and spend Sundays reading, talking and drafting instead of brunching.

Today, a slew of new stories and data landed on the docket. We also have two reporters in Washington, D.C., for the voter ID federal court hearing.

First – the stories.

What We’ve Been Reading

“Q&A: Texas Attorney General Greg Abbott on the Voter ID Law,” (Priya Anand, 07/08, Houston Chronicle)

“Meet the hanging chad of 2012,” (Nathaniel Persily, 07/08, New York Daily News)

“Gov. Corbett contracts with Romney fundraiser for PA Voter ID ad campaign,” (Daniel Denvir, 07/08, The Naked City)

“Voter ID Laws Could Block Thousands From Voting,” (Mike Baker, 07/08, Associated Press)

“Limbaugh Wants to Extend Vote Suppression to Women,” (Ben Adler, 07/08, The Nation)

“State’s voter ID law could shut out over half-million citizens,” (Editorial Board, 07/09, Philadelphia Daily News)

“NAACP pledges to overcome voter ID law,” (Joe Holley, 07/09, Houston Chronicle)

Twitter Trends

This week is going to be all about Texas.

If last week was Pennsylvania’s time in the Twitter voter ID spotlight, this week just boosts mentions of the term. Social media search engine Topsy.com indicates a real surge in mentions of #VoterID since a report last week that showed at least 700,000 registered Pennsylvania voters lacked valid photo ID.

Texas’ trial, which starts today and continues through Friday, meets several criteria for a Twitter surge: news from a large state, controversial U.S. Attorney General Eric Holder, and a legal hearing that could change the national conversation on voting rights.

Reporters @AnneliseRussell and @LindseyRuta will update the trial all week. Be sure to follow them for more live updates, and remember to follow us @WhoCanVote.